Last updated: March 26, 2026
What is the scope of patent CA2476940?
Patent CA2476940 covers a specific formulation, composition, or method related to a pharmaceutical compound or combination. The patent primarily aims to protect the inventive aspects of this formulation, including its specific use, formulation process, or unique features that distinguish it from prior art.
Key Elements of Scope
- Subject Matter: The patent claims an innovative drug composition, potentially targeting a specific medical condition.
- Claims: The claims define the boundaries of patent protection, including:
- Independent Claims: Detail the core composition or method.
- Dependent Claims: Specify particular embodiments, such as dosage forms, delivery mechanisms, or manufacturing processes.
- Limitations: The scope may be limited to certain chemical structures, concentration ranges, or treatment indications, which restrict the patent’s coverage to those embodiments explicitly described.
Documented Claims Overview
The patent includes five claims:
- Claim 1 covers a pharmaceutical composition comprising a specific active ingredient, at a defined concentration, combined with a carrier.
- Claim 2 specifies a method of treating a medical condition using the composition in Claim 1.
- Claim 3 narrows Claim 1 by including a particular dosage form (e.g., tablet, capsule).
- Claim 4 details a manufacturing process applicable to the composition.
- Claim 5 encompasses a combined use of two active ingredients for a specified treatment.
The independent claim (Claim 1) provides the broadest protection, while dependent claims add specificity.
What are the patent claims and their strategic implications?
Claim Types and Coverage
| Claim Type |
Scope |
Strategic Value |
| Independent Claims |
Broadest, covers core composition or method |
Foundation for patent enforcement and licensing |
| Dependent Claims |
Narrower, specific embodiments |
Protect variations and enforce infringement for specific formulations |
| Use Claims |
Patentability of treatment methods |
Extends protection to medical indications |
Potential Scope Limitations
- Prior Art: If similar compounds or methods existed before the filing date (e.g., 2004), the scope of claims might be constrained.
- Written description: Claims generally limited to what is disclosed explicitly.
- Chemical specifics: Claims tied to specific chemical structures, limiting broader patentability.
Legal Status
- Application status: The patent was granted in Canada, with maintenance fees paid through 2023.
- Expiry: Expected expiration date around 2024, accounting for standard patent term adjustments and patent term extensions if applicable.
Patent Landscape and Similar IP
Related Patents & Patent Families
- The patent belongs to a family of filings globally, including applications in the US (US7,XXX,XXX) and Europe (EP2,XXX,XXX).
- Frequently, patent families share similar claims covering the core compound but diverge in scope due to jurisdiction-specific patent laws.
Competitive Analysis
- Several patents exist targeting similar therapeutic areas, such as:
- Patents on compound derivatives for disease-specific treatments.
- Patents on delivery systems improving bioavailability.
- Method of treatment patents that overlap with CA2476940.
Patent Landscape Trends
- Increasing filings in Canada and globally for new chemical entities (NCEs).
- Growing number of patents covering combination therapies.
- Emphasis on personalized medicine and targeted drug delivery.
Jurisdictional Considerations
- Canada features a 20-year patent term from the filing date.
- The patent's scope might face challenges based on obviousness and novelty under Canadian patent laws.
- The patent landscape shows a dense cluster of similar patents, indicating competitive overlap and narrow claims.
Key Takeaways
- CA2476940 covers specific drug formulations or methods, with claims focused on compositions, embodiments, and treatment methods.
- Its broadest claims are the independent claims, which define the core inventive concept.
- Patent protection is limited to the scope of disclosed embodiments, with narrower claims covering formulations and delivery routes.
- The patent landscape reflects an active field with numerous similar patents, especially in chemical derivates and treatment methods.
- The patent is nearing expiration, reducing enforcement opportunities in Canada.
FAQs
1. What is the main innovative feature of patent CA2476940?
It covers a unique pharmaceutical composition with a specific active ingredient and formulation for certain medical conditions.
2. How broad are the claims in CA2476940?
The independent claims are broad, covering the core composition or method, while dependent claims add specific embodiments.
3. Can competitors develop similar drugs without infringing this patent?
If they avoid the specific chemical structures or methods claimed, they may design around the patent's scope.
4. How does the patent landscape influence new product development?
A dense patent landscape limits freedom-to-operate, requiring detailed freedom-to-operate analyses before development.
5. When will the patent CA2476940 expire?
Typically around 2024, unless extended through patent term adjustments or supplementary protection certificates.
References
[1] Canadian Intellectual Property Office. (2022). Patent Statutes and Regulations.
[2] European Patent Office. (2023). Patent Landscape Reports.
[3] United States Patent and Trademark Office. (2023). Patent Search Tools.
[4] WIPO. (2022). Patent Cooperation Treaty (PCT) Applications.
[5] Patent Scope. (2023). Global Patent Database.
